South Dakota Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 25-6-4
- No child may be adopted without the consent of the child's parents.
Age When Consent of Adoptee is Considered or Required
Statute: § 25-6-5
- A child 12 years of age or older must consent to the adoption.
When Parental Consent is not Needed
Statute: § 25-6-4
- The parent or putative father:
- Is incarcerated for a critical period of time
- Has abandoned the child
- Is unfit by reason of habitual use of alcohol or drugs
- Has been deprived of custody
- Has neglected or failed to provide for the child
- Is incarcerated for a critical period of time
When Consent Can Be Executed
Statute: § 25-5A-4
- No petition to terminate rights or consent to adoption may be filed until 5 days after the child's birth.
How Consent Must Be Executed
Statute: §§ 25-6-12; 25-5A-16
- Consent must be in writing; followed by a court appearance to answer questions indicating the parent's voluntary action and understanding of the consequences.
Revocation of Consent
Statute: § 25-6-21
- Except in any case involving fraud, any adoption proceeding shall be in all things legalized and validated 2 years after finalization.
- Any claims must be initiated within those 2 years.
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